jared loughner, in that instance the defendant engaged with certain people. he looked at me angrily for some reason or at least it seemed to me that he was. this individual didn't react with any affect at all. he said he was almost sleeping a couple times. but he really didn't engage. not with his public defenders and not with the judge. didn't even look at the judge and not to the people sitting in the first couple of rows, the relative its of five of the decedents. he looked at no one for 11 minutes, reacteded in no advis able. and the proceedings was basically dry and technical. a few motions were discussed. one that is significant for us and for your public is there will be a limiting order not quite a full gag order, but something that will include something like a gag order, information released to the press and therefore to the public.

so a lot of what's in the search warrant will not be made public for a long time as this point. and from this point forward, charges one week from now and then the schedule of a preliminary hearing at which time there will be some testimony taken probably from tr both sides just as to establish there is probable cause for an arraignment. and then at that point a couple things will kick in. we'll hear about -- the clock will start for the prosecution during which they have to decide whether to go for death. and the defense will have to determine and say at arraignment when they have to enter a plea, not guilty by reason of in-issay insanity. likely be examinations. perhaps committed to the state hospital. and then a determination about whether he can assist in his own defense, understands the charges against him or needs to be restored to sanity. at that point before the proceedings can go forward. so talk about a year, maybe a year minimum before an in-court trial proceeding would start. >> mike, thanks for that report.

i want to bring in defensor to gary lozo. gary, this is an inpossible case it seems. how do you do your job when there seems to be an overwhelming amount of evidence against your client? >> well, it's an ominous task and i think any lawyers should be applauded for taking it on. but you have to start from your beginni beginning, get a sense of who your client is, what his background is, whether or not there's an area of defense that you can find through investigation. and raise it in the most appropriate fashion and in the client's best interests. >> why do you applaud the defense attorney who would take on a case like this, somebody who allegedly does something so heinous and damaging to so many lives? >> this is constitutionally what, you know, the system provides for. and that is no matter what the

accusations, no matter what the charges, the idea is that we afford, you know, everyone the opportunity to have good competent counsel, doing the best they can with regard to the facts and legal issues they have. and it's not an easy task to take on this type of case. >> gary, in all likelihood james holmes' defense counsel will plead ngi, not guilty by reason of insanity. how high of a bar is that, how hard is it to prove that someone like james holmes is in fact insane? >> well, the point is that the defense doesn't have to prove insanity. so once the defense raises will issue, if it's an issue in the case and there's some evidence of insanity, the prosecution has

to prove beyond a reasonable doubt that he wasn't insane. so no matter what the bar in, a case with this magnitude of publicity, the prosecution has to prove beyond a reasonable doubt. i think you've seen the machine star rolling. and that is that issues like premeditation and thoughtful planning and kind a script that this defendant had done things leading up to this which kind of rolls into the idea of premeditation rather than some act that's abhorrent or much

outside the scope, kind of the intent of the normal defendant tried here. so the people will prove if they can, you know, that this wasn't an act springing from some diseased mind, but, rather, little act of premeditation planning thoughtful, careful act which is indicate this wasn't the act of a diseased mind. >> gary, do defendants or in this case suspects ever go to these preliminary hearings and act in a way that would sort of tip you off that they plan to plead insanity and if so, did you see anything like that today? >> well, i didn't see this morning's appearance, but i think what any good lawyer is going to do here is to advise their client that he is under a magnifying glass in every sense of the world. so this particular defendant if he sneezes, if he talks to a fellow inmate, if he smiles, if he -- whatever the case may be,

there will be sflb to ssomebody say that it has some affect on his wrong doing. and my sense is that his lawyer, and i'm assuming they are good lawyer, i don't know them personally, will tell him to be rather inanimate and not participatory in a way that could come back to haunt him. the decision will be made thoughtfully after lawyers do their home work about whether or not this young man has a defense that might, you know, kind of sprek out of either competency issue or insanity issue. >> i'm thinking of a defense lawyer here who has seen what everybody else in the country has seen, which is this guy clearly did this, there are a lot of legal issues here, but the core of it, there is no doubt who is the gunman in this theater. if you're a defense lawyer, i'm just curious, if you had gotten the call for this case and you know that going in, and you go into meet with this guy for the first time, what containeds of things are you talking about,

what's that conversation like? >> well, assuming i'm the person who gets that call, i'm very reticent about conversing with him in jail, but this did defendant will never get out of skral. and think the best you you can do is use your own experience and sense as a layman and having worked about this area before whether or not he's engaged, can he help you, is he in a position where you can clun indicate, you have some sense of some compromised mental state that tells that you this isn't a defendant who can aid in his defense. you know, if the issue of competency is raised here, which is separate and apart from the insanity issue, i'm assuming that any defense attorney who is involved is in no hurry to have this case tried. and so you're trying to gauge your experience sitting across

the table from you in terms of his mental acuity. thank you. next hour t, how the commun coming together to heal. and it's really amazing to see how the community's pulling together. and at i was walking up, i was thinking whatever he was trying to accomplish, he got the opposite. because people really care. and it means a lot to me and i'm really glad i came to see that. our current dividend tax rate will expire this year, sending taxes through the roof and hindering economic recovery. the consequences? millions of americans will see their taxes on dividend income spike, slowing investment in u.s. companies and jeopardizing development in energy projects

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i come to them not so much as president, as do i as a father and as a husband. and i think the reason stories like this have such an impact on us is becausei do as a father and as a husband. and i think the reason stories like this have such an impact on us is because we can all understand what it will be to have somebody that we love taken from us in this fashion. >> that was president obama sunday having travelled to aurora, colorado to visit with survivors and the families of those who did not survive family's mass shooting. president obama joining local colorado officials in refusing to say the gunman's name. what's the mood in the community? >> reporter: there's really as you can imagine a mix of emotions. an incredible sadness in this

community. you heard withe president say tt he's a father and a husband. i think any of us can imagine what it might be like to lose somebody that we love in this way and also think about if it was your community, this a community that's now lost the security that it should have doing something as simple as going to the movies. so a lot of sadness here, but also an incredible strength. everyone i talk to says this is a terrible thing but we're helping each other and well get through this will. and then there's also a lot of anger here towards the alleged shooter. and even though family members really want the focus to be on the this sort of question of why that's overwhelming, wanting to know why this happened, what could have made the shooter do this about. so there's sort of this fascination especially with this bizarre court appearance today, people really questioning why and some of the victim's family members were there, as well.

and through them we're also learning more about just what was lost here, the people that were affected. i just heard one father there at the courthouse today and he was telling reporters about his daughter, a 21-year-old pregnant woman who was there at the movies with her 23-year-old husband, she's pregnant, she escaped. but her husband remains in critical condition. and she's due today. and i read that she's actually in labor now. we haven't confirmed that. but really just these incredible stories coming out of this community here. >> this is steve kornacki. there's a lot of talk about how this could or might change the community going forward. a lot has also been made of the fact that this is happening not far at all from columbine. i wonder if there's a sense there in the wake of columbine, have there been any lasting changes to the local culture, to the pay people live life out there as a result of columbine?

>> reporter: absolutely. you can't have something like that in a community and not have it change the way people look at things. and this is actually the third mass shooting. there was coal lulumbine and an one and then this one. so a lot of people questioning why colorado. they're saying it's not an area -- this is generally seen as an area where people come to do outdoor activities, it's a friendly community and a lot of people move here from all over the country to sort of be embraced in this type of small town feel that there is around here. and so there's really this question of why is this happening now for the third time in our community and there really aren't any good answers. all of the am new mission, the guns were bought legally here, so a lot of people questioning that. but really just this overwhelming sense of why. >> kristen dahlgren, thanks very much. joining the conversation how is pastor doug lassit from the

pearl church is which is about 15 minutes away from the movie theater and a place of worship for several people who have had family or friends affected directly by the shooting. thanks for joining us. >> thank you very much for having me today. >> over the next few weeks and months undoubtedly we'll see people searching especially in your community, searching for answer. and they'll want to take action. what would you tell your congregation, what have you been telling folks in the community, what kind of messages are you giving them to make sense of something that really is so senseless? >> one of the questions that i've been asked over and over again for the last 72 hours is the why question. i think the family and the friends, those that are most affected by this, i think the why question will come later for them because they're going through such an emotional time right now. but my congregation yesterday in

church, i discussed the reality of evil. the big question wes always get back to i think is there evil in the world. and of course i'm a pastor and i believe in the bible and i believe that there is evil in the world. and i delivered a message yesterday based on a verse in the bible in romans, 12:21, that says don't let evil overcome you. and the idea is that some people, for whatever reason, and i suppose we could talk about it, but they let evil overcome them, but then the other half of that verse says but you overcome evil with good. so for all of us, i think that evil was in play here. and i don't think that the existence of evil is the question, but how do you overcome it. the only way to overcome evil is with good. and i was reading a blog yesterday from one woman who was

there with her two children and she threw her body over her daughter. and saved her daughter's life. and she made a comment on her blog, she said everyone's talking about the one act, this moment, that's so are horrific. and she's thankful for her life, but she said there are millions of acts of kindness that will come afterwards. and i think that we have to focus on that. >> and pastor doug, we've seen unfortunately this has become something of a familiar sight, we've seen the vigils and memorials and the things that follow tragic events. what other kinds of things would you suggest that your community do to grieve and deal with what's happened? >> well, i'll tell you, last night i was so moved last night. as a matter of fact, i'm on the verge of tears right how. because i've been around so many of the families and those that are affected. a community is like a family. and a community has to heal. i believe the community of faith

has begun to play their role obviously in counseling and help. and sunday morning was a big step for the community of faith here. but then the memorial and vigil last night, that's not just a good idea, that's pot just something that you do you because it's obvious, it's the first step towards healing for the community. real healing takes time, it takes care, and it takes courage. this is going to take this some time. this isn't an overnight process for the people. we're coming up on an election year and other things will be in the news and the family and the community in the middle of everything else in the nation, they're still going to be healing for months and years. i think care, too. care is a big word because those people family members, loved ones around, they need to be caved for. today they're having to have

courage p. yesterday was a step forward. this morning the arraignment. all the emotions come flooding back again. they need courage for tomorrow. >> this is an emotional time for you and we appreciate you being with us. thank you, pastor doug. straight ahead, the other big story of the day pr, the nc issues its punishment for penn state. this is new york state. we built the first railway, the first trade route to the west, the greatest empires. then, some said, we lost our edge. well today, there's a new new york state. one that's working to attract businesses and create jobs. a place where innovation meets determination... and businesses lead the world. the new new york works for business. find out how it can work for yours at thenewny.com. his morning starts with arthritis pain. and two pills. afternoon's overhaul starts with more pain. more pills. triple checking hydraulics. the evening brings more pain.

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one of the grave dangers stemming from it our love of sports is that the sports themselves can become too big to fail, indeed, too big to even challenge. the result can be an erosion of academic values that are replaced by the value of hero worship and winning at all costs. in the penn state case, the results were perverse and unconsciousable. >> the ncaa did not give penn state the death penalty, but when they spoke this morning, they came close with a devastating punishment. a $60 million fine which is

about a year's revenue from the football team. they can play no bowl games for four years. they lose ten scholarships each year for the next four years. every game the nittany lions have won since 1998 vacated which drops joe paterno from number one to number five in the all time winning list. and all the current players have the option of leaving and playing elsewhere immediately. this will leave the program in shambles for many years. the penalties come one day after joe paterno's statue was taken down. was it wagging the dog here to a horrific extent to where when joe paterno heard there's a monster on campus near me, working with me, he was able to tell the athletic director and president don't worry, we'll handle this. it is by law that they must

report crimes committed on campus, but they didn't because joe paterno said, no, don't do that. if you're the ncaa, if uyou're the president, you can't say the worst crime in college sports misser to happened on my watch and i did nothing. >> i don't know where to start on this because there's a lot of directions i could go. but the first thing i'd say is two things can be true here. number one, what happened at penn state is horrific, it's the worst scandal we've ever seen in college athletics. and it cries out for serious punishment. number two, the ncaa has no business being involved here. the punishment should be criminal and civil in nature. the athletic director, the guy who was part of this, currently charged with perjury, currently charged with covering this up. the guy who was in charge of the university security, currently charged in criminal court with having a role in this. if joe paterno was still alive today, he would be charged probably with perjury. the president of the university is likelihood of serious civil

penalties. what does the ncaa do? the ncaa is responsible for enforcing and regulating on-field competition. >> no, it's in charge of policing its member schools and what it did today does not have an impact on what will happen in court. the court system will have its day. the ncaa must be a say on what happened and must say football cannot -- >> i'm sorry, the organization, the -- this is where they lose me. this is where the ncaa laz aca because it's a corrupt and hypocritical corruption. this is the same organization that about a year ago negotiated a $10.8 billion television deal to televise basketball games. college basketball games. so this organization is now going to talk to us about how a too big to fail mentality is creeping in to college sports and threatening the rightful place of academics. the organization negotiates $11 billion television deals for basketball games. that is the definition of too big to fail.

the ncaa has been corrupt and has been hypocritical and has promote this had kid this kind . the ncaa is not the one to be doling out the punish chlt. >> but just because they're hypocritical doesn't make it the wrong thing to do. don't they ultimately have a responsibility and they talked about eradicating the mind set, don't they have an obligation to police that in their member schools in the louis freeh report also talked a lot about the culture at the school and it's very hard to nail that done and say this is right and this is wrong. but the overall culture of corruption clearly was an issue at this school. >> but the corruption you're talking about exists everywhere. it is the definition of college athletics. >> which is why the penalty is appropriate. because they've ignored it. >> i don't believe we've ever

see the ncaa ever do something like that again. what happens three months from now. >> i don't imagine that we'll ever see a child sex abuser monster on campus again. but a punishment is not just for the center. it's not community. so that others in the community see this is what happens to you if you do this. and the ncaa is sending a clear message that you complaint allow football to be king and where the president is saying whatever the coach wants, the coach gets. >> this is not the ncaa's role to say this is what p happens to you if you cover up a horrible sex abuse case. what happens to you, you are criminally charged. you face prison time. you are liable for civil penalties. >> the ncaa is not getting in the way of -- >> that's why it's a pr move. the criminal is much more serious here. >> can i mediate for a final word here. i understand your point and it's a nuanced argument talking about the jurisdiction of the ncaa pnd and you are right. but you're absolutely right, as

well. the ncaa had to do something here. there is no way as a body it would survive and be taken seriously if it is at all if it didn't do something. i mean, you have to admit, steve, that the ncaa had to take some action. >> no, i don't. this is not -- we assume we had shall this knee jerk assumption, college football, ncaa regulates something specific. it's on-field competition. they are not citing -- >> this is far worse. >> that's why it's in the courts. the ncaa has they ever taken a stand before to stop this sports is did i think mentality and i'm guessing never will again from getting in on the worst pr moment in college sports history. >> just because they're hypocrites didn't mean it's the wrong thing to do. >> i'm more interested in the criminal courts. that's what needs to happen and that's where our focus should be. not on something that will hurt athletes and students. >> but now the students are released to go somewhere else and pursue careers.

that was an important thing. >> i'm unmoved by the collateral damage argument that keeps getting thrown around here when we have tons of peoples who lives were ruined. this is not a booster scandal. >> i'm not feeling for those involved. they're getting what they -- >> all right, guys. >> up next, we turn to the situation in syria. these two with k. ncannot be stopped. u.s. quietly working behind the scenes to take down assad. and the man who has been throughout middle east on a surf board. managing my diabetes is part of my life,

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let's listen into the president now. >> i stand before you as our hearts still and i can over the tragedy if it aurora, colorado. yesterday i was in aurora with families whose loss is that ready to imagine, with the wounded who are fighting to recover, with a community and a military base in the midst of their grief. and they it would me of the loved ones they lost and here today it's fit to go recall those who wore our nation's uniform. staff sergeant childress, 29-year-olds, loved sports, the kind of friend who would help anybody. petty officer third qulas john larimer, 27 years old, who like

his father and grandfather before him joined the navy and who is remembered as an outstanding shipmate. rebecca wi in chltngo, fluent ie whotranslator, a mother whose life will be an inspiration to her two little girls. ed a and jonathan blunk, a veteran of three hanavy tours whose family and friends will always know that in that thirt, he gave his own life to save another. these young patriots were willing to serve in far away lands, yet they were taken from us here at home. and yesterday i conveyed on their families a message on behalf of all americans, we honor your loved ones. we salute their service.

and as you summon the strength to carry on and keep bright their legacy, we stand with you as one united american family. veterans of foreign wars, in you i see the same shining values. the virtues that make america great. when our harbor was bombed and fa fascism was on the march, when fighting raged in vietnam, when our country was attack orded ont clear september morning, when our forces were sent to iraq, you answered your country's call. because you know what americans must always remember. our nation only endures because

there are patriots who protect it. in the crucible of battle, you were tested in ways the rest of us will never know. you carry in your hearts the memory of the comrades you lost. for you understand that we must honor our fallen heros not just on memorial day, but all days. and when an american goes missing or is taken prisoner, we must do everything in our power to bring them home. >> president speaking right now at the vfw convention in reno, neff they have. clearly the aurora tragedy continuing to weigh heavily on the minds of the nation and the president. and we're turning now to fierce clash mis-syria's two biggest cities which had until now been relatively sheltered. assad's forces and syrian rebels both claim they're getting ground after three days of open street battles. meanwhile a new report in the

wall street journal reveals the u.s. is see skreetly work to speed up the fall of assad, reportedly including spy, diplomats and cutting off key supply routes and suggests a much larger u.s. role than we had previously known. this is all happening as syria's government confirms that it does have chemical weapons and is threatening to use them against a foreign attack. our next guest has spent a lot of time in that region, meaning the people behind the headlines, after graduating college, journalist and surfer jesse decided to combine his two passions in life and set out to surf there israel to lebanon. he penned a book about his experiences, surfing the middle east, deviant journalism from the lost generation. and he joins us from california. thank you for being with us. >> thanks for having me. >> so tell me about how did you decide to write this book? it's an interesting combination of surfing which is associated with sort of peaceful mindset

and you're taking it to it a very troubled region in the world. where did the idea come from? >> yeah, well, i graduated from college in may 2009. i couldn't get a job. only thing i could do was get a freelance assignment from the surfer's journal to go tell the story of the middle east through surfing from israel to lebanon. and how i wanted to do it is not from the same old approach of just going there and meeting with officials, et cetera, et cetera. i wanted to do it in a way that would really relate to something i really liked, but also really allowed me to be embedded with the people through multiple different culture, israeli, lebanese, palestinian, jordanians, and really see and experience what they experience and see how they think and you what they do. >> so what was your biggest surprise from the trip? >> well, i think my biggest

surprise has got to be just the humanist element. it's so easy to see these things as abstractions. like in syria right now, we have assad taking his helicopters and literally gunning down civilians or part of this rebellion in damascus, and i feel like by surfing the middle east, i've sort of developed this humanist connection to it that you don't really get in brute serious journalism. you don't really get in kind of the straight news wire coverage. and i think blik like in my boo provide the humanist understanding that these are real people just like us who breathe, that love, that have families, that live day to day lives. and they're very much like us. and i feel like in a strange way we can partially relate to them because of the horror that's sort of just happened on our own soil. i feel like we can sort of relate to some of these tragedies that are happening around the world right now. >> jesse, i think that's exactly

right. your book -- americans think of the middle east and think of war, but israel is an amazing place to visit, beirut known as the paris of the middle east. you saw the beauty and the hugh manity in these areas, right? >> yeah, of course. these are real people who live normal lives that are very much like us, they may speak a different language, and that's just part of the difference. but when you really do something that is sort of a shared goal that i like -- i really like to surf. some of them really like to surf. and we sort of find our common interests. we see what we have in common and it doesn't come this human abstractio this. . but it's not all fun and games. in my book i describe the clashes in the northern western bank city. and it was absolutely scary.

this is horror and moral terror. and all i can say is my heart totally goes out with the syrian people right now and, yeah, there's chemical weapons. i hope something's going to happen that isn't the use of them. >> certainly makes it a lot more real for you. jesse, thank you so much for joining us. and coming up, we've got steve kornacki will take us to school for all the talk about the presidential race, the battle for the house may actually be tougher than the one for the white house. that is next on the cycle. ovidet but centurylink is committed to being a different kind of communications company by continuing to help you do more and focus on the things that matter to you.

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let nothing stand in your way. devry university, proud to support the education of our u.s. olympic team. there are exciting house races taking shape around the country. can the tea party freshman survive, will the bad economy make president obama a drag on democrats everyone in if his home say the? will voters turn on a veteran republican? we're joined now by david wasserman, editor of the political reports house race. he covers the house races. and he is an expert on all 435 house races that will be playing out over the country this year. dave, thanks for joining us. you've singled out some races that are representative of the different currents in the political year. but i wanted to start with a bottom line question for you. right now democrats need 25 seats, they pick up a net gain of 25 seats to win back the

house. any chance they'll actually do that? if the election were held today, how many do you think they would pick up, if any? >> i think the current range is between two seat gain for republicans to eight for democrats. the three last leaks have been wave elections. i think democrats need a wave to get to 25. but so far it seems like in a lot of congressional districts, president obama is actually a drag because his support is so concentrated in a select few group of very safe democratic districts. >> so 4535 ra35 races playing ot you've identified four in particular to keep an eye on. so i want to work through those with you right now. we'll start with the first one, which is out in utah. this involves jim mathison who i guess is the no democrat it in the country represents a more

republican friendly district. tell us about >> sure. this is pretty much 2012 in a nut shell. the first time ever an african-american and mormon presidential nominee, they have nominated a mormon african-american woman, a smalltown mayor to challenge a longtime blue dog democrat who haslways survived in a district. whether this climate, jim matheson, last true conservative democrats in the house can hang onto a seat going for mitt romney by an overwhelming margin. it's these kinds of seats where democrats may have to take a few steps back before they can start taking a few steps forward and pick-off republican incumbents. that sets them back. >> we're running a little low on town. minnesota, chip, a tea partier,

a big upset win against a democrat. what are his chances. >> his family moved to new hampshire because his wife took a new job there. he's spending some time outside of the disrigt and not even in d.c. democrats have a contested primary but this is the iron range of northern minnesota. thesert places where democrats used to have rock solid districts but where president obama isn't necessarily all that much of a benefit to democratic house candidates. this is a must-win district for democrats, where transportation chairman lost in 2010. if they can get this one back, it would be a good sign for them. >> iliza district in southern illinois, democrats retiring. could obama be a drag on democrats in his home state? >> very well could be. southern illinois, very different from chicago, isn't necessarily a place where obama is likely to benefit democratic house candidates. we obvious talk about how much voters hate conga lot of members

themselves don't want to stick around congress in this difficult atmosphere to get things done. jerry costello, longtime democratic congressman one of 58 seats where there's no incumbent on the ballot in november. that's the record since 1992. it's a district democrat could very well lose. >> in colorado we're testing where there's a birther backlash where he said in his heart he's not an american. >> this was before we knew about the aurora shooting. aurora, colorado, one of the top 20 congress a.m.al races in the country. the republican congressman represents the district of tom. it got more democratic. he got in trouble telling a local group he didn't believe obama was an american in his heart. a "d" democrat named joe miklosi has a decent shot at that district. >> thanks for getting through

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my chief of staff, daughter in her early 20s, she took a whole group of kids to see batman as a political statement they weren't going to give into this. that's part of what we have to do as a country. come together and lift up the victims and their families. at the same time say this country is defined by freedom and the pursuit of happiness. we're not going to let this guy ruin our lives. >> i, too, went to see "the dark knight rises" over the weekend,

part as a political gesture, refusing to allow some maniac to scare me away from a movie or rather than recon textualize it. i wondered if it would be inappropriate to talk about it on this show because it has giant tragic associations. i think it is appropriate. the movie belongs to us just as much as it did before. he doesn't get to overshadow it. many people went to see "the dark knight rises," the largest in history. as one told a hollywood reporter, i can't live in fear. indeed. it wasn't exactly the escapist fare many turned to blockbuster for. it's themes of modern landscape, a vicious attack of the 99% from the 1%, the rich beaten by mobs and thrown out of their homes. it's an occupy wall street fantasy. also an intense chase for a

computer program that will erase you from every database on earth, give you free from permanence of computer arrived memory. do many people need that? no. a loose nuke in the hands of a maniacal terrorist, loose bombs all over gotham city, basically new york city, brought me back to 9/11 and the post apocalyptic feel of new york. when horrific visuals ran through our heads and soldiers roamed the street and it was clear shocking violence shoved us into a new world. this shocking night player doesn't shake us into a new world but a terrorist. they call him a terrorist even in the absence of a political framework because he sought to sow fear and terror. a bit of the resilience we learned after 9/11 when simple things became political, going back to your normal life means not letting terrorists win. as long as there are terrorists we will keep standing up to them. >> you know, it's so true.

when you think about 9/11, i was here, it happened in my backyard, all of these things part of your daily life were tainted, had a different connotation and a different reference. part of surviving was taking those things back and giving them the same meaning they had before 9/11, and it took some time. there are still places i can't go and visit and look at. >> even shopping in soho became politicized. >> you're right. these are the kinds of political stance we need to take. >> that does it for the cycle. thomas roberts in the chair. >> this is my way of infiltrating into your show. a tease with the cycle. good afternoon, i'm thomas roberts in for martin. it's july 23rd and here is what's happening. state of mind of a shooter. >> there he is. this is for the first time we are seeing james holmes. >> there is a video freeze frame

of the suspect james holmes. >> seemed especially lethargic, nonresponsive. >> maybe an act. >> doesn't seem any effort. >> didn't focus his eyes at all. >> and a nation. >> people say it's bad politics to address the issue. i think they are wrong. i'm going to try to stir it up and so is everybody else. >> to think gun control or increased gun control is the answer in my view, that would have to be proved. >> eighteen months since arizona. when are you going to do this. >> weapons of war don't belong on the streets. >> i want to get you straight out to the west coast where the attorney for the holmes family, his parents, james's parents, is beginning a press conference in san diego. let's listen. >> a bit different from the process in california. here in california if someone is

arrested for a crime such as murder, the district attorney's office first files a complaint alleging what the charges are and then files a complaint. the first court appearance is an arraignment where the accused enters a plea of not guilty and thereafter a preliminary hearing takes place where the court has to look at what evidence the prosecution has and make a determination whether there's probable cause to believe, number one, a crime was committed, and number two, that this person committed this crime. if there's sufficient evidence to hold the person to the charg charges. if there's sufficient evidence, it begins with an arraignment and another